Monthly State Update:
MAJOR DEVELOPMENTS IN 2006

(as of 6/1/2006)

This
update provides information on legislation, as well as relevant
executive branch actions and judicial decisions in states across
the country. For each of the topics listed below, the number of
states in which legislation has been introduced is given, as are
the names of the states in which subsequent action has been taken.
Detailed summaries are provided for legislation that has been passed
by at least one house of a legislature and for major court decisions;
actions for the current month are in bold. For an archive of previous
monthly updates, click here.

ABORTION

Abortion Bans to
Replace Roe

Introduced: 14 states

States with further action

Passed
at least one chamber: LA, MS and TN

Enacted:
SD

In
May, the LOUSIANA House passed a measure that would ban
abortion (except in cases when the woman's life is at risk or her
physical health is severely endangered) if Roe v. Wade
is overturned, or if the U.S. Constitution is amended to allow state
regulation of abortion and states could restrict Medicaid coverage
for abortion without losing Medicaid funds. The pregnant woman would
be immune from prosecution. The measure specifically excludes contraceptives
that act before a pregnancy can be medically detected. The measure
passed the Senate in April and
is awaiting action by the Gov. Kathleen Blanco (D).

In March, the MISSSISSIPPI House passed a bill that would ban abortion
in the state, except in cases of rape or incest, or to save the
life of the woman. The bill would also make the state financially
responsible for the medical and educational needs of children, from
birth to age 19, born to Mississippi women who receive family counseling
during their pregnancies and decide to carry the pregnancy to term.
The version of the bill that passed the Senate in February would
have amended the state's counseling law while making no reference
to an abortion ban. The two versions of the bill could not be reconciled
and it died in conference committee.

(ENACTED)In March, Gov. Mike Rounds (R) of SOUTH DAKOTA signed a
bill that bans all abortion in the state except when necessary to
save the life of the woman. The bill passed the legislature in February
and will go into effect in July.

(ENACTED)In March, Gov. Mike Rounds of SOUTH DAKOTA signed a bill
that establishes an "extraordinary litigation fund," including
a "life protection" sub-fund. The sub-fund will be used
to pay attorney fees, expert witness fees and other litigation costs
of defending the state's laws that govern abortion and contraception.
The bill passed the legislature in February.

In April,
a TENNESSEE House committee defeated a resolution that would amend
the state's constitution to provide that, "nothing in this
Constitution secures or protects a right to abortion or requires
the funding of an abortion." The measure passed the Senate
in March.

(ENACTED)In May, GEORGIA Gov. Sonny Perdue (R) signed
into law a bill that will create "Choose Life" license
plates. The money generated by the license plates will be distributed
to groups that encourage women to consider adoption. The measure,
which passed the legislature in March,
goes into effect January 1, 2007.

In April,
the American Civil Liberties Union (ACLU) asked a federal appeals
court to delay production of TENNESSEE's "Choose Life"
license plates. In March, the
Sixth Circuit Court of Appeals overturned a lower court's decision
that the license plates were unconstitutional. The court held that
the "Choose Life" license plate is protected by the First
Amendment, which allows the state to express views on public policy
issues and does not require the state to provide a forum for a prochoice
license plate. The proceeds from the plates, which were approved
by the legislature in 2003, would go to organizations in Tennessee
that promote alternatives to abortion. The ACLU is asking for the
delay in production while they appeal the Sixth Circuit Court ruling.

Crisis
Pregnancy Centers/Alternatives to Abortion

Introduced: 8 states

States with further action

Passed
at least one chamber: AZ, MO and PA

Enacted:
OK

In
May, the ARIZONA House passed a measure that would allocate
$20,000 towards nonprofit organizations whose purpose is assisting
women in finding alternatives to abortion. The measure is awaiting
action in the Senate.

In March,
the ARIZONA House passed a bill that would appropriate $500,000
from the state general fund to finance grants to nonprofit agencies
that provide assistance to women seeking alternatives to abortion.
The grants would be available only to agencies that provide medically
accurate information and do not promote or provide abortion services
or referrals. The bill is pending in the Senate.

InMay, the MISSOURI legislature agreed to a final
version of a measure that would fund alternatives-to-abortion services
as part of the state budget for health services. As passed, the
measure would prohibit funds from being used for services or referrals
related to family planning and abortion, or from being allocated
to an organization or affiliate of an organization that provides
abortion procedures or referrals. The measure, which passed the
House in March and Senate in
April, is awaiting action by
Gov. Matt Blunt (R).

In
May, both chambers of the MISSOURI legislature agreed to
a final version of a measure that would establish a tax credit for
donations to crisis pregnancy centers. Missourians would be allowed
to receive a tax credit worth 50% of the donation to the crisis
pregnancy center on their state taxes. Under the measure, the Department
of Social Services would identify the organizations eligible for
the donations; organizations that provide abortion services or abortion
referrals would not be eligible. The bill had originally passed
the House in April and the Senate
in May. The measure is awaiting action by Gov. Matt Blunt (R).

(ENACTED)In May, OKLAHOMA Gov. Brad Henry (D) signed
into law a measure that adds several abortion-related provisions.
The measure creates the Alternatives-to-Abortion Services Revolving
Fund to finance organizations that promote childbirth through housing,
education and adoption programs. Organizations that provide abortions
or referrals for abortions are not eligible for funding. In addition,
the measure includes abortion counseling mandates, a parental consent
provision for minors' abortions and a new fetal homicide law. The
measure, which passed the House in April,
goes into effect November 1.

In March,
the OKLAHOMA House passed a bill that would create the Alternatives-to-Abortion
Services Revolving Fund from which money would be distributed to
nongovernmental agencies that provide information, counseling and
support services to encourage childbirth instead of abortion. No
further action is expected since the legislature has adjourned its
regular session. A similar bill was enacted in May.

In April,
the PENNSYLVANIA House passed a budget measure for the state that
includes a fund for alternatives-to-abortion programs and restricts
state family planning funds by requiring organizations that receive
the funds to be financially and physically separate from organizations
that provide abortions; both provisions have been in place since
2002. The budget is awaiting action in the Senate.

In April,
the ARIZONA Senate passed and Gov. Janet Napolitano (D) vetoed a
bill that would have amended the state's current counseling law
to require that women seeking an abortion who are at least 20 weeks'
gestation be told that "the unborn child has the physical structures
necessary to experience pain" and that anesthesia may be administered
directly to the fetus to help eliminate any pain caused by the abortion.
The bill had passed the House in February.

In March,
the INDIANA Senate removed a provision from pending legislation
that would have required a woman seeking an abortion be told that
a fetus may feel pain and that she has the option of having anesthesia
provided directly to the fetus if the procedure takes place at least
20 weeks gestation. As passed in the Senate, the bill would have
required that, as part of abortion counseling, women be told in
writing about adoption the potential health risks of abortion and
that life begins at fertilization. The version that passed the House
in February included the
fetal pain information provision, as well as adoption information
and definition of human life. The two versions could not be reconciled
and the bill died in conference committee.

In
May, the LOUISIANA House passed a measure that would require
that women seeking an abortion be given information on fetal pain
and the option of providing the fetus with anesthesia. Specifically,
an abortion provider would be required to read a woman a state-developed
script indicating that anesthesia is routinely provided when prenatal
surgery is performed on a woman whose pregnancy is at least 20 weeks'
gestation. The bill is awaiting action by the Senate.

(ENACTED)
In May, OKLAHOMA Gov. Brad Henry (D)
signed into law a measure that adds several abortion-related provisions.
The bill requires that a woman seeking an abortion be told that
a fetus may feel pain after 20 weeks' gestation and that anesthesia
is routinely administered to a fetus during fetal surgery at or
after 20 weeks. In addition, the measure includes other abortion
counseling mandates, funding for alternatives to abortion, a parental
consent provision for minors' abortions and a new fetal homicide
law. The measure, which passed the House in April,
goes into effect November 1.

In February,
the OKLAHOMA House passed a bill that would amend the state's current
counseling law to require that a woman having an abortion after
at least 20 weeks' gestation be given the option to review materials
that include information on the possibility of a fetus to feel pain
after that point in pregnancy. The woman would also be given the
option to have anesthesia administered directly to the fetus. No
further action is expected since the legislature has adjourned its
regular session and a similar measure was enacted in May.

In March,
the UTAH Senate defeated a bill that would have amended the state's
existing counseling law to require that, except in the case of medical
emergencies, a woman seeking an abortion who is at least 20 weeks
pregnant must be told that anesthesia may be administered directly
to the fetus to help eliminate pain. The bill passed the House in
January.

In January,
WISCONSIN Gov. Jim Doyle (D) vetoed a measure that would have amended
the state's current counseling law to require that women who are
seeking an abortion at least 20 weeks of gestation be told that
"the unborn child has the physical structures necessary to
experience pain" and that anesthesia may be administered directly
to the fetus to help eliminate any pain caused by the abortion.
The bill had passed the Senate in September
2005, and the Assembly in November.

Women
Required to Receive State-Directed Counseling:

In April,
the FLORIDA Supreme Court upheld a 1997 counseling law that had
been struck down by a trial and appeals court. The law requires
that a woman seeking an abortion be told about the medical risks
of the procedure and of carrying the pregnancy to term as well as
the probable gestational age of the fetus. The law will not go into
effect until the resolution of continuing legal issues related to
the actual materials to be offered to the woman.

In March,
the GEORGIA Senate passed a bill that would amend current counseling
laws to require a physician to perform an ultrasound on the patient
before performing an abortion and give her the opportunity to view
the ultrasound image and receive a hard copy of it. Failure to allow
a woman to view ultrasound images would be considered a misdemeanor.
No further action is expected since the legislature has adjourned
its regular session.

(ENACTED)In April, the IDAHO legislature passed and Gov. Dirk Kempthorne
signed a measure that amends the state's current abortion counseling
law to require that all counseling materials be medically accurate
and "nonmisleading." The law, which also establishes civil
penalties for doctors who fail to comply, goes into effect on July
1.

In March,
the INDIANA Senate removed a provision from pending legislation
that would have required a woman seeking an abortion be told that
a fetus may feel pain and that she has the option of having anesthesia
provided directly to the fetus if the procedure takes place at least
20 weeks gestation. As passed in the Senate, the bill would have
required that, as part of abortion counseling, women be told in
writing about adoption the potential health risks of abortion and
that life begins at fertilization. The version that passed the House
in February included the fetal pain information provision, as well
as adoption information and definition of human life. The two versions
could not be reconciled and the bill died in conference committee.

(ENACTED)In March, Gov. Jennifer Granholm (D) of MICHIGAN signed a
measure that amends current counseling laws to require a physician
who performs an ultrasound on a patient prior to an abortion to
give her the opportunity to view the ultrasound image and receive
a hard copy of it. The measure passed the legislature in 2005 and
took effect immediately upon signing.

In
May, both chambers of the MINNESOTA legislature adopted
a measure that would require abortion providers to inform a woman
whose fetus has been diagnosed with a severe fetal abnormality about
perinatal hospice care. The bill is awaiting action by Gov. Tim
Pawlenty (R).

In February,
the MISSISSIPPI Senate passed a bill that would amend the state's
current counseling law to require a physician to perform an ultrasound
on a patient at least 24 hours prior to an abortion and give the
woman the opportunity to view the ultrasound image and/or receive
a hard copy of it. The measure died in a conference committee at
the end of the regular legislative session.

(ENACTED)
In May, OKLAHOMA Gov. Brad Henry (D)
signed into law a measure that adds several abortion-related provisions.
The measure requires that a woman be shown an ultrasound image of
her fetus as part of the state's mandated abortion counseling. Physicians
must provide referrals to organizations that offer ultrasound imaging
free of charge. In addition, the measure includes other abortion
counseling mandates, funding for alternatives to abortions, a parental
consent provision for abortions and a new fetal homicide law. The
measure, which passed the House in April,
goes into effect November 1.

In March,
the OKLAHOMA House passed a bill that would amend the state's counseling
law to include that a woman seeking an abortion be given information
about the availability of ultrasound imaging and be provided a list
of agencies that provide this service. The bill would also require
a physician who performs an ultrasound on a patient prior to an
abortion to give her the opportunity to view the ultrasound image
and receive a hard copy of it. No further action is expected since
the legislature has adjourned its regular session and a smiliar
measure was enacted in May.

In January,
the UTAH House passed a measure that would amend the state's current
counseling law to require that the information given to women prior
to an abortion include a list of adoption agencies and information
on financial assistance that can be provided by adoptive parents.
The measure also includes a provision requiring parental consent.
No further action is expected since the legislature has adjourned
its regular session.

Requirements for State-Directed Counseling
Followed by a Waiting Period:

In March,
the KENTUCKY House passed a bill that would amend the state's counseling
law to mandate that counseling be provided to a woman orally and
in person at least 24 hours prior to an abortion. The current law
allows the information to be delivered in person, through the Internet
or on the telephone. The measure passed the Senate in February.
The bill died in a conference committee at the end of the legislative
session.

In March,
a MISSOURI law requiring that women receive state-directed counseling
at least 24 hours prior to an abortion procedure went into effect.
The law, which was enacted in 2003, had been enjoined pending the
resolution of a challenge in state court. The Supreme Court of Missouri
upheld the law in February.

Medication
Abortion

Introduced: 2 states

In February,
the Sixth Circuit U.S. Court of Appeals upheld an injunction of
an OHIO law that would limit the use of mifepristone except in accordance
with all FDA guidelines governing the use of the drug, including
limiting its use to women who are more than seven weeks pregnant.
The law does not have an exception for cases when medical abortion
is safer than surgical abortion in protecting the life and health
of the mother. The case, originally filed in August 2004, will now
be returned to the district court to determine whether the preliminary
injunction should have been more narrowly drafted.

Minors
Reporting Requirements

Introduced: 9 states

States with further action

Passed
at least one chamber: KS, MN and OK

In March,
the KANSAS House passed a measure that would amend the state's abortion
laws concerning minors' access to abortion. Current law requires
someone over the age of 21 to accompany a minor to her abortion
counseling session. The measure would require that person to show
valid identification, state their relationship to the minor and
provide any information available as to the identity of the father
of the fetus. The minor would need to present valid identification
proving state of residence. In addition, the measure would prohibit
abortion clinic staff from aiding a minor during the course of a
judicial bypass of parental notice and institute reporting requirements
when a judicial bypass is obtained. No further action is expected
since the legislature has adjourned its regular session.

In April,
the MINNESOTA House passed a measure that would require reporting
information specific to minors' abortions. Physicians would need
to report the number of abortions performed, whether parents were
notified, and whether judicial or emergency bypasses were granted.
Providers would also have to provide demographic information concerning
the minors. This information, along with court records of judicial
bypasses, would be made public with all potentially identifying
information removed. The measure also includes a clause requiring
admitting privileges for physicians when performing abortions and
a prohibition on state funds for abortions, except when required
by federal law. No further action is expected since the legislature
has adjourned its regular session.

In February,
the OKLAHOMA House passed a measure mandating specific reporting
requirements for abortions involving minors. Physicians would need
to report the number of instances in which a parent is notified,
the number of abortions performed without notice being given and
the number of judicial bypasses granted. These statistics, with
personal information removed, would be made public once a year.
No further action is expected since the legislature has adjourned
its regular session.

Parental
Involvement in Minors' Abortions

Parental
Consent Requirements:

In April,
the ARIZONA legislature passed and Gov. Janet Napolitano (D) vetoed
a measure that would have amended the state's parental involvement
requirement for minors obtaining an abortion. The measure would
have required notarized consent from a parent before a physician
could perform an abortion on a minor.

In April,
the ARIZONA Senate passed and Gov. Janet Napolitano (D) vetoed a
measure that would have amended the state's parental involvement
law for minors obtaining an abortion. The measure mandated criteria
a judge would need to take into account when considering a judicial
waiver of parental consent for a minor seeking an abortion. Judges
would have had to examine a minor's work experience, education level
and experience handling major decisions. The measure would also
have required a minor speak with a physician before applying for
a judicial bypass. The measure passed the House in March.

(ENACTED)In May, OKLAHOMA Gov. Brad Henry (D) signed
into law a measure that adds several abortion-related provisions.
The measure requires parental consent in addition to parental notice
before a minor receives an abortion. Parental consent may be waived
in cases of a medical emergency, when a judicial bypass is granted
or if the minor declares she is a victim of abuse. The measure also
includes abortion counseling mandates, a new fetal homicide law
and funding for alternatives-to-abortion services. The amended measure,
which passed the House in April,
goes into effect November 1.

In February,
the OKLAHOMA House passed a measure that would require a parent's
consent before a physician could perform an abortion on a minor.
The consent would be necessary in addition to Oklahoma 's current
requirement for parental notification. Neither notification nor
consent would be necessary in the case of a medical emergency or
a judicial bypass, as under current law. This measure would also
allow for a physician to perform an abortion without parental notification
and consent if the minor declares she is a victim of sexual abuse
and a report is made. No futher action is expected since the legislature
adjourned and a similar measure was enacted in May.

In
May, the TENNESSEE legislature passed a measure that would
amend the state's parental involvement laws for minors' abortions.
Under the measure, a minor's parents would have to provide not only
written consent before an abortion could be performed but also documentation
establishing that they are the minor's parents. The measure would
also create the crime of impersonating a minor's parent for the
purposes of bypassing parental notice abortion laws. The measure
is awaiting the governor's signature.

(ENACTED)
In March, the UTAH legislature passed, and Gov. John Huntsman (R)
signed, a measure requiring abortion providers to obtain parental
consent before performing an abortion on a minor. (State law would
continue to require providers to notify one of the minor's parents
24 hours before the procedure, as well.) The measure passed the
House in January and
will go into effect May 1 of this year.

Parental Notification
Requirements:

In February,
The Federal District Court for the Northern District of FLORIDA
upheld the state's parental notification law. The law, which went
into effect in July 2005, requires parental notification before
a physician may perform an abortion on a minor.

In March,
the KANSAS House passed a measure that would amend the state's abortion
laws concerning minors' access to abortion. Current law requires
someone over the age of 21 to accompany a minor to her abortion
counseling session. The measure would require that person to show
valid identification, state their relationship to the minor and
provide any information available as to the identity of the father
of the fetus. The minor would need to present valid identification
proving state of residence. In addition, the measure would prohibit
abortion clinic staff from aiding a minor during the course of a
judicial bypass of parental notice and institute reporting requirements
when a judicial bypass is obtained. No further action is expected
since the legislature has adjourned its regular session.

In March,
the WEST VIRGINIA Senate passed, and the House subsequently killed,
a measure that would amend that state's law requiring parental notification
before a minor obtains an abortion. The measure would have removed
a provision from the state's law that allows a physician to waive
notification if the minor is sufficiently mature. The bill would
also have added additional reporting requirements.

'Partial-Birth'
Abortion

Physician-Only
Requirements

Introduced: 7 states

State with further action

Enacted:
OH

(ENACTED)
In February, OHIO Gov. Bob Taft (R) signed a measure that would
prohibit physician assistants from performing an abortion or prescribing
a drug that would induce an abortion. The bill passed the Senate
in October 2005 and the House of Representatives in January.

Private
Insurance Coverage of Abortion

In April,
The ARIZONA House passed and Gov. Janet Napolitano (D) vetoed a
bill that would prohibit public funds from being used to pay for
insurance that covers abortion except in cases where the woman's
life or health is at risk. The bill passed the Senate in March.

In
May, the KANSAS House adopted the state budget that includes
a provision that would prohibit the state employee insurance plan
from covering abortion except when necessary to save the life of
the woman or for the resolution of a tubal pregnancy. No further
action is expected since the legislature has adjourned its regular
session.

Protecting
Access to Abortion

Introduced: 5 states

State with further action

Enacted:
HI

(ENACTED)In April, HAWAII Gov. Linda Lingle (R) signed a bill that prohibits
the state from interfering with a woman's right to obtain an abortion
before viability or when necessary to protect the life and health
of the woman. The bill would repeal the requirement that a woman
receiving an abortion be a resident of the state and would allow
abortions to be performed in a clinic or physician's office; currently
the unenforced law requires that an abortion be performed only in
a hospital. The bill passed the House in March
and the Senate in April.

Protecting
Access to Clinics

In
May, the CALIFORNIA Assembly passed a
measure that would provide additional protections to individuals
associated with reproductive health clinics. Specifically, the measure
would make it a misdemeanor to publish or provide identifying information
about an employee, volunteer or patient of a reproductive health
clinic with the intent to threaten the subject or incite a third
person to commit violence upon the subject. The subject of any such
posting would be entitled to file suit against anyone violating
the measure. The measure is awaiting action in the Senate.

(ENACTED)
In March, WASHINGTON Gov. Christine Gregoire (D) signed a measure
that prohibits insurance companies from canceling, refusing to renew
or changing the terms of an insurance policy for a health care facility
or provider that is the victim of arson or vandalism. The bill passed
the legislature in February.

Public
Funding of Abortion for Low-Income Women

In March, the MARYLAND
Senate passed an appropriations bill that would continue current
restrictions on the use of public funds to pay for abortion. The
measure would permit funding only in cases where abortion is necessary
to protect the life or physical or mental health of the woman, the
pregnancy is the result of rape or incest, or the fetus would be
born with defects. No further action is expected since the legislature
has adjourned its regular session.

In April,
the MINNESOTA House passed a measure that would prohibit public
funding for abortion except where necessary to remain in a federal
program. State sponsored health programs would be prohibited from
providing abortions. The measure would also require hospital privileges
for any physician performing an abortion and mandate reporting requirements
specific to minors' abortions. No further action is expected since
the legislature has adjourned its regular session.

In March,
the VIRGINIA Senate adopted the state budget that would limit Medicaid
coverage of abortion services in cases of life endangerment, rape
and incest. Currently Virginia also provides Medicaid coverage in
cases of fetal abnormality and where the woman's health is threatened.
The Senate-passed version also included a provision to direct the
state to apply for federal approval to expand eligibility for Medicaid
coverage of family planning services to individuals with a family
income up to 133% of the federal poverty level. However, neither
provision is included in the budget that is being considered during
a special session.

Reporting
Statistical Information to State Agencies

In
May, KANSAS Gov. Kathleen Sebelius (D) vetoed a measure
that would have established certain reporting requirements for physicians
performing abortions. Under the measure, physicians would have had
to report information concerning abortions performed after 22 weeks'
gestation, as well as any fetal abnormalities uncovered. The Kansas
legislature, which approved the final version earlier in May, attempted
to override the veto but failed.

(ENACTED)In April, OHIO Gov. Bob Taft (R) signed legislation that
amends the state's abortion reporting law. The Department of Health
will issue a report on abortion in Ohio, which will include the
number of abortions provided to women who live outside of Ohio and
information on abortion complications. The law also reenacts restrictions
on the state's funding of services for women's health care. It goes
into effect in July.

(ENACTED)In May, OKLAHOMA Gov. Brad Henry
(D) signed into law a measure adding several abortion-related provisions.
The bill amends the state's abortion reporting law to require physicians
to report on the number of women receiving fetal pain information
and the number of cases in which counseling and waiting period requirements
are waived because of the health exception. In addition, the measure
includes other abortion counseling mandates, funding for alternatives
to abortion, a parental consent provision for minors' abortions
and a new fetal homicide law. The measure, which passed the House
in April, goes into effect
November 1.

In February,
the VIRGINIA House passed a bill that would require that doctors
submit a report to the state each time a patient has physical complications
or dies as the result of an abortion. The bill died in the Senate.

Requiring
Abortion Providers to Have Hospital Privileges

In April,
the MINNESOTA House passed a measure that would require admitting
privileges for any physician performing an abortion. Any physician
found performing an abortion without clinical privileges at a hospital
within 20 miles would be guilty of a misdemeanor. The measure would
also prohibit public funding for abortions and mandate reporting
requirements specific to minors' abortions. No further action is
expected since the legislature has adjourned its regular session.

Stem-Cell
and Embryo Research

In April,
the ARIZONA Senate amended, the House approved and Gov. Janet Napolitano
vetoed a measure regarding the sale and purchase of fetal matter
when used in embryonic stem cell research. The measure would have
prohibited either the selling or purchasing of a human oocyte. A
clause exempting reimbursement costs associated with the donation
of an oocyte for in vitro fertilization was removed before passage.

In January,
the DELAWARE House amended and passed a measure that had originally
been intended to promote stem cell research in the state. As passed
by the Senate in June, the original version would have promoted
stem cell research while banning reproductive cloning. In sharp
contrast, the House-passed version would ban reproductive cloning
while leaving the issue of stem cell research unaddressed. The measure's
sponsor in the Senate has decided to let the bill expire rather
than ratify the House version.

(ENACTED)In April, GEORGIA Gov. Sonny Perdue (R) signed into law an
executive order creating the Governor's Commission for Newborn Umbilical
Cord Blood Research and Medical Treatment. The commission will establish
a cord blood bank network for collecting and storing cord blood
for therapeutic and research purposes. The commission will also
seek to raise awareness of cord blood donation possibilities among
pregnant women. The executive order, which is effective immediately,
mirrors legislation that received serious consideration in March
but died in the legislature.

(ENACTED)In April, MARYLAND Gov. Bob Ehrlich (R) signed into law a measure
creating the Maryland Stem Cell Fund and Commission to promote stem
cell research in that state. The measure allows the governor to
allocate funds to research organizations as he or she sees fit.
Funds will be available for both adult and embryonic stem cell research.
The commission will ensure that ethical guidelines are adhered to
and report back to the governor and legislature annually. The measure
also establishes guidelines for the storage, donation or destruction
of unused embryos and prohibits reproductive cloning. The measure
passed the legislature in March
and goes into effect July 1.

In February,
the MISSISSIPPI House passed a measure banning all forms of cloning
in the state, including somatic cell nuclear transfer. Therapeutic
cloning not involving somatic cell nuclear transfer would be protected
and an advisory committee would be established to monitor stem cell
research in the state. The measure later died in a Senate committee.

In April,
the MISSOURI House passed a measure that would provide funding for
stem cell research and umbilical cord blood banks in the state.
The stem cell research would have to derive from non-embryonic and
non-fetal sources. The measure is awaiting action in the Senate.

In
May, the NEW JERSEY Senate passed a measure that would
mandate funding for stem cell research. The measure would authorize
up to $200 million for stem cell research facilities and up to $50
million for biomedical research facilities; the money would come
from the state's tobacco settlement fund. The measure is awaiting
action in the Assembly.

In March,
the NEW YORK Assembly passed a budget bill allocating $4.5 million
for the New York State Institute for Stem Cell Research and Regenerative
Medicine. A separate measure authorizing the creation of the institute
and setting standards for stem cell research in the state is still
pending in the Assembly. The budget bill is now awaiting action
in the Senate.

(ENACTED)In April, VIRGINIA Gov. Tim Kaine (D) signed into law two separate
measures creating the Virginia Cord Blood Initiative to collect,
screen and store umbilical cord blood. In addition, the two measures
promote umbilical cord donation awareness among health care providers
and pregnant women. The measures were enrolled in February
and March and go into
effect July 1.

In April,
WISCONSIN Gov. Jim Doyle (D) issued an executive order promoting
efforts to bring stem cell-related technology to the state. The
Department of Commerce will invest at least $5 million to bring
stem cell-related research and business to the state through marketing
and incentives. The executive order is effective immediately.

Targeted
Regulation of Abortion Providers

In March,
the INDIANA legislature ended its session for the year without final
passage of a measure that would have regulated abortion clinics,
which had passed both the House and Senate in February.

In February,
the KANSAS House passed a measure that would regulate all office-based
surgical centers in the state. What began as a bill targeting abortion
clinics was amended to regulate building codes and licensing and
inspection processes for all nonhospital facilities where surgery
occurs. The measure was amended to win approval from Gov. Kathleen
Sebelius, who, in the past, has vetoed similar bills that specifically
targeted abortion clinics. No further action is expected since the
legislature has adjourned its regular session.

In February,
the U.S. Sixth Circuit Court of Appeals issued a decision in a case
involving OHIO's requirement that ambulatory surgical centers, such
as abortion clinics, have an agreement with a local hospital to
accept clinic patients in cases of an emergency. No local hospital
would agree to such a transfer arrangement with an abortion clinic,
leading the facility to request a waiver of the requirement from
the state. When the state refused the waiver and ordered the clinic
closed, the clinic filed suit, arguing that patients would be endangered
by needing to travel long distances. The court dismissed the suit,
in part, because it held that traveling long distances to obtain
an abortion does not constitute undue burden.

(ENACTED)In April, the PENNSYLVANIA legislature passed and Gov. Ed Rendell
(D) signed into law a measure that will regulate abortion providers.
The measure requires abortion providers who perform more than 100
abortions per year to establish a patient safety panel and guidelines.
The abortion provider will have to report serious events and infrastructure
failures or face a fine and revocation of its license. The measure
also requires abortion providers give money to a patient safety
trust fund along with ambulatory surgical centers and birthing centers.
The measure, which originally passed the House in January,
will go into effect June 29.

(ENACTED)
In February, the SOUTH DAKOTA House passed, and Gov. Mike Rounds
(R) signed into law a measure imposing regulations of abortion clinics
that are more onerous than those imposed on similar types of health
care facilities. The new measure gives the state Department of Health
unlimited control of the regulatory process and higher application
fees. The new law will go into effect July 1, 2006.

In February,
the SOUTH DAKOTA House passed a measure that would have imposed
regulation of abortion clinics. It would have required steep licensing
fees and given the state health department virtually unlimited authority
to regulate abortion providers. The measure died when it was subsequently
replaced with an abortion counseling bill that was defeated.

In February,
the VIRGINIA House passed a measure imposing regulations on abortion
clinics that would have defined all abortion clinics as ambulatory
surgical facilities. It would have required abortion clinics to
meet heightened building code regulations and be subject to scrutiny
greater than that imposed on other nonhospital surgical providers
in the state. The measure died in Senate committee

Abortion-Related
Restrictions on Family Planning Funds

(ENACTED)
In February, COLORADO Gov. Bill Owens (R) signed an appropriation
bill for the Department of Public Health and Environment that continues
the state's policy of prohibiting state family planning funds from
going to organizations that provide abortion services with their
own funds. The measure passed both chambers of the legislature in
February.

In April,
as part of passing a state budget for health services, the MISSOURI
Senate eliminated a program for women's health services but retained
funds for alternatives-to-abortion services. As established by the
legislature, program funds could not be used for services or referrals
related to family planning and abortion. The funds could not be
allocated to an organization or affiliate of an organization that
provides or refers for abortion. The measure is awaiting action
by Gov. Matt Blunt (R).

(ENACTED)
In April, OHIO Gov. Bob Taft (R) signed the state's budget. The
bill will reenact the provisions detailing the use of the Women's
Health Services Fund. The fund may be used to pay for pelvic and
breast exams; cervical cancer screening; testing and treatment of
STDs, including HIV; contraceptives; patient education and pre-pregnancy
counseling on smoking, alcohol and drug use; education on sexual
coercion and violence; and prenatal care or referrals for prenatal
care. The fund may not be used for abortion provision, counseling
or referrals, except in cases of medical emergency. Organizations
receiving support from this fund must be physically and financially
separate from abortion providers. In allocating money from the Women's
Health Services Fund, preference will be given to local health departments,
although other organizations, including agencies that do not provide
contraceptive services, may apply. The governor also vetoed a provision
to restrict funding for stem cell research and approved a provision
to fund alternative-to-abortion projects. The bill also amended
the state's abortion reporting requirements. The measure passed
the House and Senate in March. It goes into effect in July.

In April,
the PENNSYLVANIA House passed the state's budget, which includes
restrictions on state family planning funds that have been in place
since 2002. These restrictions require agencies (except for hospitals)
that receive state family planning funds to be financially and physically
separate from organizations that provide abortions or abortion-related
services, but allow programs funded through Title X to provide nondirective
counseling and referral services, as required by federal law. The
bill also provides funds for alternatives to abortion. The budget
is awaiting action in the Senate.

Contraceptive
Coverage Mandates

In March,
MONTANA Attorney General Mike McGrath (D) issued an opinion requiring
health plans that provide coverage of prescription drugs to also
cover contraception. The opinion held that under the state's unisex
insurance law and human rights act, exclusion of contraceptives
in health plans is sex discrimination.

(ENACTED)In January, NEW JERSEY Acting Gov. Dick Codey (D) signed a
bill that requires health benefit plans that cover outpatient prescription
drugs to include coverage of prescription contraceptives. A religious
employer can be exempted from the requirement if the objection is
based on bona fide religious beliefs and the organization is a church,
association of churches or a religiously sponsored school. Exempted
organizations must notify employees of the refusal. In 2005, the
bill passed the Senate in June and the Assembly in December.

In January,
a NEW YORK appeals court rejected a challenge to the state's contraceptive
coverage mandate based on its provisions allowing certain religious
employers to refuse to provide the coverage. The law was challenged
by religiously-affiliated organizations who claimed that the existing
exemption was too narrow and as such violated federal and state
constitutional protections for religion. The court held that the
law does not violate religious rights because it is designed to
increase women's access to health care services and not impinge
on religion. The religious organizations plan to appeal to the state's
highest court.

In March,
the UTAH Senate defeated a bill that would have required health
plans that cover prescription drugs to also cover prescription drugs
for contraception. The measure would have permitted religious employers
to refuse coverage if the employer had as its major purpose the
inculcation of religious values, primarily employed and served people
who shared those values and was a church or religious order as defined
by the federal government.

Allowing
Pharmacists to Provide Emergency Contraception without a Prescription:

In April,
COLORADO Gov. Bill Owens (R) vetoed a bill that would have given
pharmacists prescribing authority for emergency contraception. The
bill specifically excluded medication abortion from the definition
of emergency contraception. It passed the House in February and
the Senate in March.

In March,
the MARYLAND Senate defeated a measure that would have allowed pharmacists
to dispense emergency contraception without a physician prescription
as long as the pharmacist had entered into an agreement with the
state.

In February,
the NEW YORK Assembly passed a measure that would allow pharmacists
and registered nurses to dispense emergency contraceptives without
a prescription if acting under an agreement with a physician, nurse
practitioner or licensed midwife. The pharmacist would have
to complete training on emergency contraception and provide clients
with a fact sheet that would be developed by the state Department
of Health. This measure is identical to another bill that was vetoed
last year by Gov. George Pataki (R).

(ENACTED)
In March, VERMONT Gov. Jim Douglas (D) signed egislation that allows
a pharmacist to dispense emergency contraception within a collaborative
practice agreement with a physician. The measure requires the state
to develop standards for the agreements, dispensing procedures for
the pharmacist and informational materials to be provided to patients.
A pharmacist must undergo training on emergency contraception. The
bill, which passed the House in May 2005, passed the Senate in March
2006.

Restricting
Access to Emergency Contraception:

Requiring
Pharmacists or Pharmacies to Dispense Contraception

Introduced: 11 states

State with further action

Defeated
by a legisaltive chamber: AZ

In March,
the ARIZONA Senate defeated a measure that would have established
a duty for pharmacists to fill valid prescriptions except when contraindicated.
Under the measure a pharmacist who wanted to refuse to fill prescriptions
because of religious or ethical beliefs would have been required
to notify his or her employer. For it's part, the pharmacy would
not have been required to accommodate the objection if it would
have caused an "undue hardship" for the business. If the
pharmacy opted to accommodate the refusal, then it would have been
required to take steps to ensure that the patient is nonetheless
able to get the medication in a timely manner.

HPV

Introduced: 7 states

States with further action

Passed
at least one chamber: CA

Enacted:
WV

In
May, the CALIFORNIA Senate adopted a measure that would
amend the state's health insurance mandate and require health plans
to cover Pap tests. The bill would extend the coverage to include
FDA-approved HPV tests. It is awaiting action by the Assembly.

(ENACTED)
In March, WEST VIRGINIA Gov. Joe Manchin (D) signed legislation
that requires health plans to cover both conventional and Thin Prep
pap tests and HPV tests for women who are at least 18 years of age.
The previous law only required that pap smears be covered by health
plans. The bill passed both chambers of the West Virginia General
Assembly in March.

State
Medicaid Family Planning Eligibility Expansions

In March,
the VIRGINIA Senate adopted the state budget that would have directed
the state to apply for federal approval to expand eligibility for
Medicaid coverage of family planning services to individuals with
a family income up to 133% of the federal poverty level. Currently
the program only applies to women who have had a Medicaid-funded
delivery. The bill also included a provision that would limit Medicaid-funded
abortion. However, neither provision is included in the budget that
is being considered during a special session.

PREGNANCY
& BIRTH

Fetal
and Pregnant Woman Assault

Introduced: 34 states

States with further action

Passed
at least one chamber: AL, AK, CA, FL, LA, OK and SC

Enacted:
AL, GA andNE

Vetoed:
AZ

(ENACTED)In April, the ALABAMA legislature passed and Gov. Bob Riley
(R) signed into law a measure that changes the state's current law
to permit a fetus of any gestational age to be considered a victim
of either criminal assault or homicide. Exceptions are made for
standard medical care provided with the pregnant woman's consent,
along with any actions taken by the pregnant woman. The measure,
which passed the House in January, goes into effect July 1.

In
May, the ALASKA House passed a measure that would add the
crimes of murder, manslaughter, negligent homicide and assault of
a fetus to the state's criminal statutes. Under the measure, exceptions
would be made for legal abortions, medical procedures and actions
taken by the pregnant woman. The measure, which includes a legislative
intent statement clarifying that the measure is not intended to
alter a woman's right to choose abortion, would define "unborn"
as being at any stage of development. The bill passed the Senate
in May of 2005 and is awaiting the governor's signature.

In
May, the CALIFORNIA Assembly passed a
measure that would increase penalties for assaults on a pregnant
woman. The measure would amend the state's current law protecting
pregnant women by mandating an additional five-year sentence to
anyone who injures a pregnant woman without her consent, causing
the termination of her pregnancy. The measure is awaiting action
in the Senate.

In April,
the FLORIDA legislature passed a measure that would permit death
certificates to be generated on request when a fetus is stillborn
after the 20th week of pregnancy. The Senate concurred and the measure
is awaiting the Governor's signature.

(ENACTED)In April, GEORGIA Gov. Sonny Perdue (R) signed into law a measure
that will amend the state's laws relating to fetal assault. The
crimes of voluntary manslaughter of an unborn child and feticide
now apply to a fetus of any gestational age, whereas the previous
law applied to viable fetuses only. In addition, the law increases
penalties for assaults on pregnant women. Exceptions will be made
for abortions and actions taken by the pregnant woman. The measure,
which passed the House in March
and the Senate last year, will go into effect July 1.

(ENACTED)
In April, NEBRASKA Gov. Bob Riley (R) signed into law
a measure that changes the state's current law to permit a fetus
of any gestational age to be considered a victim of assault. The
legislation makes exceptions for standard medical care provided
with the pregnant woman's consent, medical drugs and devices, and
any actions taken by the pregnant woman. In addition, the measure
raises penalties for crimes committed against a pregnant woman.
The measure, which passed the legislature in April, is currently
in effect.

(ENACTED)In May, OKLAHOMA Gov. Brad Henry (D) signed
into law a measure adding several abortion-related provisions. The
measure will consider a fetus a person for purposes of the state's
homicide laws. Exceptions are made for legal abortions, medical
procedures and legal actions taken by the pregnant woman. A pregnant
woman could be charged if she committed an illegal act that resulted
in the death of her fetus. The measure includes a parental consent
provision for minors' abortions, abortion counseling mandates and
funding for alternatives-to-abortion services. The measure, which
passed the House in April,
goes into effect November 1.

In March,
the OKLAHOMA House passed a measure that would amend the state's
criminal code. The measure would define a fetus as a human being
for purposes of the state's homicide laws. The measure would not
apply to legal abortions, medical procedures or acts taken by the
pregnant woman. No further action is expected since the legislature
has adjourned its regular session and a similar measure was enacted
in May.

In
May, the SOUTH CAROLINA House passed a measure that would
create a separate crime for the injury or death of a fetus. Standard
penalties would apply, except that killing a fetus could not be
tried as a capital crime. Exceptions are included for abortions,
medical treatments and actions taken by the pregnant woman. The
measure, which passed the Senate in March,
is awaiting the governor's signature.

HIV
Testing of Infants and Pregnant Women

Introduced: 3 states

States with further action

Passed
at least one chamber: IL and NJ

In March,
the ILLINOIS Senate adopted a measure that would require that newborns
be tested for HIV. While a pregnant woman would be able to decline
to be tested throughout her pregnancy, a newborn would be tested
if the woman's HIV status were unknown. The bill is awaiting action
by Gov. Rod Blagojevich (D).

In March,
the NEW JERSEY Assembly adopted a measure that would amend the state's
statute on HIV testing for pregnant and postpartum women. Current
law requires that women who test positive for HIV receive notification
of the results as well as counseling when needed. Under the measure,
pregnant and postpartum women with positive HIV test results will
receive information about prenatal care to reduce the possibility
of HIV transmission to the fetus or infant. The measure is awaiting
action in the Senate.

Infant
Abandonment

In April,
the ALASKA House adopted a measure that would provide immunity to
a parent who leaves an infant, younger than 21 days with a peace
officer, hospital employee, or fire station employee or volunteer.
The person receiving the infant will ask for the parent's identity,
but the parent may decline to answer. The measure is awaiting action
in the Senate.

In March,
each chamber of the HAWAII legislature passed a measure that would
allow a person to leave an infant younger than 72 hours with personnel
at a hospital, fire station or police station. The bill is awaiting
action by Gov. Linda Lingle (R).

In April,
the ILLINOIS House adopted a measure that would extend the age that
an infant could be legally abandoned from three days to seven days
The measure passed the Senate in February
and is awaiting action by Gov. Rod Blagojevich (D).

In
May, the SOUTH CAROLINA Senate passed a measure that would
amend the state's infant abandonment law. The bill would expand
the types of facilities that could accept an infant to include law
enforcement agencies, fire stations, emergency medical services
stations or any staffed houses of worship. Current law allows an
infant to be left only at a hospital or hospital outpatient facility.
The bill passed the House in March
and is awaiting action by Gov. Mark Sanford (R).

(ENACTED)In May, VERMONT Gov. Jim Douglas (D) signed
a measure that provides immunity to a person who leaves an infant
younger than 30 days with an employee or volunteer of a fire station,
police station, health care facility or church that the person leaving
the infant attends, or through the 911 emergency system. The bill
passed the House in April 2005 and the Senate in March.

Infertility
Coverage

Nonmedical
Use of Ultrasound

Introduced: 1 state

State with further action

Passed
at least one chamber: CA

In
May, the CALIFORNIA Assembly passed a measure that would
prohibit ultrasound manufacturers from selling or leasing ultrasound
machines to anyone besides a medical professional, a licensed practitioner
in the healing arts or a licensed medical facility. The bill is
awaiting action in the Senate.

Substance
Abuse During Pregnancy

(ENACTED) In May, ALASKA Gov. Frank Murkowski (R) signed
a bill that requires health care providers to report to the state
if a newborn or an infant as old as one year is adversely affected
by or experiencing withdrawal from a controlled substance or alcohol.
The bill passed the House in March
and the Senate in April. It went into effect when signed.

In April,
the HAWAII Senate passed a measure that would establish a pilot
program on Oahu to provide substance abuse services to drug addicts.
The program would provide prenatal, delivery and postpartum care,
as well as substance abuse treatment and other social services to
pregnant women who have a history of drug abuse. However, the Senate
amended the bill so that the program would not begin until 2050.
A conference committee has convened to address the differences between
the House and Senate versions.

In February,
the IDAHO Senate adopted a measure that would make it a criminal
act for a woman to use controlled substances during pregnancy. The
bill would not apply in cases when drugs are taken for legal purposes.
Although the legislation would not require physicians to report
prenatal substance abuse, it would grant them immunity from liability
if they did so. The measure is awaiting action in the House.

In
May, the LOUISIANA Senate adopted a measure that requires
a drug test on a newborn, without consent of the parents, if the
physician suspects that the mother used controlled substances during
pregnancy. Physicians must report positive test results to the state
as soon as possible; the test results cannot be used in a criminal
prosecution. Current law requires physicians to report suspected
prenatal substance abuse when infants shows signs of withdrawal.
It passed the House in April
and is awaiting action by Gov. Kathleen Blanco (D).

(ENACTED)In May, OKLAHOMA Gov. Brad Henry (D) signed
into law a measure adding several abortion-related provisions. The
bill establishes that a woman could be prosecuted for the death
of the fetus if caused by her criminal act. The bill also amends
the state's homicide law to define a fetus as a victim, require
that a woman seeking an abortion be offered the opportunity to see
an ultrasound or listen to the fetal heart tone, require that women
receive information about fetal pain, amend the state's reporting
requirements for abortion, and establish a fund and governmental
support for organizations that provide alternatives-to-abortion
services. The measure, which passed the House in April,
goes into effect November 1.

In April,
the MICHIGAN House adopted two measures that would allow health
insurers and health maintenance organizations to refuse to provide
any service, including abortion and contraceptive services, based
on ethical, moral or religious objection. The bills are awaiting
action in the Senate.

Allowing
Pharmacists to Refuse:

(ENACTED)In April, GEORGIA Gov. Sonny Perdue (R) signed a measure that
will allow pharmacists to refuse to fill prescriptions for drugs
that cause abortion. The objection must be based on moral or religious
grounds and be on file with the employer. The bill passed the House
and the Senate in March.

In March,
the GEORGIA House defeated a measure that would have allowed a pharmacist
to refuse to fill any prescription on moral or religious grounds
if the pharmacist "believes" the drug would have the effect,
or possible effect, of terminating a pregnancy. The language of
the bill was broad enough to include contraceptive prescriptions.

In March,
the OKLAHOMA House passed a bill that would allow a pharmacist to
refuse to fill any prescription if the pharmacist "believes"
that the drug would cause an abortion. The language is broad enough
to include contraceptive prescriptions. No further action is expected
since the legislature has adjourned its regular session.

In April, the MICHIGAN
House adopted two measures that would allow health insurers and
health maintenance organizations to refuse to provide any service,
including abortion and contraceptive services, based on ethical,
moral or religious objection. The bills are awaiting action in the
Senate.

Allowing Pharmacies to
Refuse:

Introduced: 9 states

Allowing Pharmacists
to Refuse:

In March, the GEORGIA
House defeated a measure that would have allowed a pharmacist to
refuse to fill any prescription on moral or religious grounds if
the pharmacist "believes" the drug would have the effect,
or possible effect, of terminating a pregnancy. The language of
the bill was broad enough to include contraceptive prescriptions.

In March, the OKLAHOMA
House passed a bill that would allow a pharmacist to refuse to fill
any prescription if the pharmacist "believes" that the
drug would cause an abortion. The language is broad enough to include
contraceptive prescriptions. No further action is expected since
the legislature has adjourned its regular session.

Allowing Insurers to
Refuse:

In April,
the MICHIGAN House adopted two measures that would allow health
insurers and health maintenance organizations to refuse to provide
any service, including abortion and contraceptive services, based
on ethical, moral or religious objection. The bills are awaiting
action in the Senate.

Allowing Facilities to
Refuse:

YOUTH

Child
Abuse Reporting

Introduced: 16 states

States with further action

Passed
at least one chamber: CA, ID and TN

Enacted:
ID, KY and LA

In
May, the CALIFORNIA Assembly passed a measure that would
amend that state's laws concerning sex crimes. Under the measure,
penalties that currently apply to sexual acts with a minor under
the age of 14 would also apply to minors aged 15�17 when the perpetrator
is at least 10 years older than the minor. The measure is awaiting
action in the Senate.

(ENACTED)In April, IDAHO Gov. Dirk Kempthorne (R) signed into law a
measure that exempts certain perpetrators from having to register
as sex offenders. The measure excuses 19 to 20-year-olds convicted
of statutory rape (with a minor not more than 3 years their junior)
from having to register as sex offenders. In addition, all parties
must agree to the exemption or a judge must find that the defendant
would not pose a risk of committing another sexual assault. The
measure, which passed the legislature in March,
goes into effect July 1.

In April,
a federal District Court judge permanently barred enforcement of
KANSAS Attorney General Phill Kline's controversial interpretation
of that state's statutory rape reporting law. As interpreted by
Kline, the law would have required health care providers to report
consensual sexual behavior between minors under the age of 16 to
law enforcement or face fines. Judge Thomas Marten ruled that Kline's
interpretation was contrary to the original intention of the law
and violated a minor's right to informational privacy concerning
sexual activity. Under the rulings, providers will still be obligated
to report illegal sexual activity when they believe a minor has
been harmed. The Attorney General has not announced
if he will appeal the decision.

(ENACTED)In April, the KENTUCKY House passed and Gov. Ernie Fletcher
(R) signed into law a measure expanding the state's existing statutory
rape laws by establishing specific criminal penalties for sexual
relationships between a minor and someone in a position of authority.
The measure, which originally passed the House in February and the
Senate in March, goes into effect
July 11.

(ENACTED)In May, the LOUISIANA Senate passed, and Gov.
Kathleen Blanco (D) signed into law, a measure that amends that
state's statutory rape laws. The measure makes it a felony for someone
older than 18 to engage in sexual intercourse with someone aged
13�17 or for a 17- or 18-year-old to engage in sexual intercourse
with someone aged 13�15. The measure, which passed the House in
April, goes into effect August
15.

In
May, the MISSOURI Senate passed a measure that would mandate
statutory rape reporting. Any health care professional involved
in a pregnancy or abortion with evidence of statutory rape or sexual
assault of a minor would be required to report the offense. The
measure would also increase penalties for having sex with a minor
younger than 12. The measure, which passed the House in March,
is awaiting the governor's signature.

In
May, the TENNESSEE legislature agreed to a final version
of a measure that would regulate physicians' duties when performing
an abortion on a minor. Under the measure, before performing an
abortion on a minor younger than 13, physicians would be required
to alert authorities as to the time and place of the abortion and
preserve fetal tissue to be turned over to law enforcement officials.
Physicians who fail to comply would face a fine and criminal penalties
for repeated transgressions. The measure, which passed the Senate
in March, is awaiting the governor's
signature.

In
May, the TENNESSEE legislature passed a measure that would
require a health care provider who identifies a minor as being pregnant
to provide information regarding sexual abuse to the minor's parent
if the parent is present and the minor consents. The measure is
awaiting the governor's signature.

In
May, the TENNESSEE legislature passed a measure further
regulating statutory rape in the state. The measure would increase
penalties for cases of statutory rape where the minor is between
ages 13 and 18, and the perpetrator is at least four years older
and a figure of authority. The measure is awaiting final approval
in the Senate before being passed along to the governor for enactment.

Minors
Access to Reproductive Healthcare

(ENACTED)In April, the COLORADO House concurred to and passed a measure
relating to minors' rights. Gov. Bill Owens (R) allowed the measure
to become law without his signature. The measure would allow a pregnant
minor to consent to prenatal, delivery and postdelivery medical
care related to the live birth of a child. The measure, which originally
passed the House in February and passed the Senate in March,
goes into effect immediately.

In March,
the HAWAII Senate passed a measure that would grant greater reproductive
health rights to minors. The measure would allow minors to consent
to STI, pregnancy and family planning services; it would specifically
prohibit the imposition of parental consent requirements. The measure
is awaiting action in the House.

Sex Education

Provisions Requiring
Sex Education:

In
May, the California Senate adopted a measure that would
prohibit sex education provided in the state from promoting religion.
Under the measure, sex education provided in a single session, would
have to portray abstinence as the only certain way to prevent sexually
transmitted diseases and unintended pregnancy, and would have to
include information on at least one FDA-approved method of contraception.
Instruction presented over multiple sessions would include the same
information about abstinence but include information on all FDA-approved
contraceptives (including emergency contraception). The bill is
awaiting action in the Assembly.

In March,
both chambers of the HAWAII legislature passed measures that would
require sex education and pregnancy counseling funded with state
dollars to be medically accurate and age-appropriate.

In March,
the KANSAS Board of Education adopted a nonbinding provision that
allows for parental consent before a student takes part in a class
on sex education. Parents can remove students from the instruction.

In February,
a committee in the MISSISSIPPI House defeated a measure that would
have required students to receive abstinence education and information
on fetal development. The purpose of instruction on fetal development
was to provide a "better understanding of the relationship
between the mother and her unborn fetus." Currently, school
districts in the state have the option of providing abstinence education.
The bill passed the Senate in February.

In April,
the MISSOURI House passed a bill that would rewrite the state's
sex education statute. The bill would substitute the requirement
that sex education include information on contraception with a statement
that information about contraception is available from a physician,
and would require a discussion of the emotional and psychological
consequences of "premarital and extramarital sex." It
would also mandate that students be told that personhood begins
at conception. The bill would prohibit anyone from an organization
that provides abortion services from providing school-based instruction
or materials for sex education. Parental consent would be required
prior to students taking part in sex education. No further action
is expected since the legisalture has adjourned its regular session.

In April,
the NEW YORK Assembly passed a bill that would provide grants to
schools and educational and community-based organizations for comprehensive
sex education. Funded projects would provide age-appropriate and
medically accurate instruction; they could neither promote nor teach
religion. All programs would include information on abstinence and
contraception, teach life skills and responsible decision-making,
and encourage family communication. The measure is awaiting action
in the Senate.

In February,
a committee in the SOUTH DAKOTA Senate defeated a measure that would
have amended the state's requirements for abstinence education,
which is a mandatory component of the required character education.
The bill specifically would have prohibited instruction on contraception;
it passed the House in February.

In February,
a committee in the SOUTH DAKOTA Senate defeated a measure that would
have prohibited the distribution of contraceptives and abortifacients
on school grounds. It passed the House in February.

In March,
a UTAH House committee defeated a measure that would have set guidelines
for school boards to follow when authorizing a school club or allowing
a club to use school facilities. Criteria for denial include clubs
with activities that "involve human sexuality" by presenting
information that violates sex education laws, discussing sex outside
of legal marriage or in a manner that is prohibited by state law,
or discussing contraception. The bill passed the Senate in February.

In March,
a VIRGINIA Senate committee defeated a measure that would have required
school-based sex education to "emphasize" abstinence.
Curricula would have also been required to encourage students to
"honor and respect monogamous heterosexual marriage" and
to discuss the emotional and psychological consequences of adolescent
sexual activity. The measure would have given parents the option
to remove their children from the instruction. The bill passed the
House in January.

In March,
a VIRGINIA Senate committee defeated a measure that would have allowed
local school boards to prohibit school facilities from being used
by any student club or group that encourages or promotes sexual
activity by unmarried minor students. The bill passed the House
in January.

(ENACTED)In May, WISCONSIN Gov. Jim Doyle (D) signed
a measure that requires all sex education provided in the state
to teach that abstinence before marriage is the preferred behavior
and emphasize that abstinence from sexual activity is the most effective
way to prevent pregnancy and sexually transmitted diseases. The
bill passed the Assembly in March
and the Senate in September 2005. It goes into effect in July.